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Privacy Statement

Kind of personal information we collect and hold

The GARDA Capital Group collects personal information which is reasonably necessary for us to issue securities, including interests in the managed investment schemes for which GARDA is the responsible entity (funds), and for purposes associated with those investments. Such information may include an individual’s personal and contact details and tax file number. Without this information, we would not be able to provide financial services to our investors and clients. We will also occasionally collect personal information relating to our service providers, and relating to the care and maintenance of the buildings in our funds.

Can an individual remain anonymous when dealing with us?

Given the nature of our products and services, other than providing general publicly available information, it is not practical for us to deal with individuals who wish to remain anonymous or would prefer to identify themselves only by way of pseudonym. We have various obligations under financial services and anti-money laundering legislation not to deal with anonymous persons in any case.

How we collect and hold personal information

When collecting, using or disclosing your personal information, we will take reasonable steps to ensure that the information is accurate, up-to-date and complete.

We will only collect personal information in a lawful and fair manner. Wherever possible, personal information will be collected directly from you, unless it is unreasonable or impracticable to do so. ‘Sensitive information’ will only be collected where you consent to the collection of that information and it relates to one of our entities funds, functions and activities.

If we receive unsolicited personal information we will, within a reasonable period of time, assess whether we would otherwise have been entitled to collect the information in accordance with this Privacy Policy. If we could have collected the personal information, we will ensure that this Privacy Policy is complied with in respect of that information and will notify the relevant individual:

(a) that the unsolicited personal information has been collected; and

(b) of the circumstances of that collection, and we will provide access to a copy of this Privacy Policy.

If the personal information could not have been collected by us, we will destroy the information or ensure that the information is de-identified.

At or before the time or, if that is not practicable, as soon as practicable after, we collect personal information about an individual, we will ensure the individual is aware:

(a) of our identity and contact details;

(b) that the collection of personal information is permitted by us under the Corporations Act 2001 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 or other legislation, and/or a particular court/tribunal order;

(c) of the purpose for which we collect the personal information; and

(d) of the main consequences (if any) for the individual if all or some of the personal information is not collected by us, and we will provide access to a copy of this Privacy Policy.

Unless permitted by law, we will not adopt a government related identifier (e.g. your tax file number) as our own identifier and we will only disclose such identifiers for the purposes of verifying your identity, or as permitted by law or as is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, any enforcement body.

We will ensure that in relation to any personal information which we hold that we will take such steps as are reasonable in the circumstances to protect the information from:

(a) misuse, interference and loss; and

(b) unauthorised access, modification or disclosure.

If we hold information which we no longer need (for any purpose for which the information may be used or disclosed) or we are no longer required to keep, we will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

The purpose for which we collect, hold, use and disclose personal information

The GARDA Capital Group collects, holds, uses and discloses personal information for the purposes of issuing securities, including interests in our managed funds. This includes administering our funds and communicating with our investors and service providers.

Where we collect your personal information for a particular purpose (i.e. the primary purpose), we will not use that information for another purpose (i.e. a secondary purpose) unless you consent to the use or disclosure of that information, or:

(a) it would be reasonably expected that the information would be disclosed for a secondary purpose which is related to the primary purpose (and in relation to ‘sensitive information’ for a secondary purpose which is directly related to the primary purpose); or

(b) the use or disclosure of the information is legally required, specifically authorised by the APPs or reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, any enforcement body.

We will record in writing circumstances where we use or disclose your personal information for one or more enforcement related activities conducted by, or on behalf of, any enforcement body.

Personal information collected by one entity within the GARDA Capital Group may be used by another entity within the GARDA Capital Group provided that the personal information is held, used and disclosed for the same primary purpose. Your personal information may be held on our server, or in a payment administration system run by Colliers under specific contract (and confidentially) for us.

We do not normally disclose personal information about our members, clients or suppliers to outside parties, except as required by law or to those contracted to provide services to us. These may include:

With consent, we will disclose your personal information to your accountant, financial consultant or other person or organisation you nominate. If you make that nomination, that person will have log-in access to all your personal details (including ‘sensitive information’) which we have in our electronic database, as if they were you. Personal information may also be disclosed to the Australian Taxation Office or other government authorities or agencies as required by law.

If we use or disclose personal information for direct marketing purposes, we will include a simple and free means of ‘opting-out’ of receiving future direct marketing material, and will ensure that we respect such requests, within a reasonable period of time and notify any other organisation which we use to facilitate the direct marketing. If we have not collected the personal information directly from you, the ‘opt-out’ statement will be prominent. We will only use ‘sensitive information’ for direct marketing purposes where you have provided consent for it to be used for that purpose.

If we use personal information provided by a source other than you for direct marketing purposes, you can request us to provide details of the source of the information. We will provide you with this information free of charge, and within a reasonable period of time.

If we use your personal information for direct marketing purposes, we will ensure that we comply with the requirements of the Do Not Call Register Act 2006, the Spam Act 2003 and the Corporations Act 2001.

How can you access and seek correction of your personal information held

Generally, we will provide you with access to your personal information through our investor portal on our website, or in another manner which you request and within a reasonable period of time after that request is made. You can request us to correct any personal information which we hold about you. An accountant, financial consultant or other person you nominate to handle your account can also change your details via their log-in access to your account.

To apply for access or to request a correction to personal information, please feel free to do so at any time through your member log-in on our website, or alternatively contact our Privacy Officer by:

Emailing: This email address is being protected from spambots. You need JavaScript enabled to view it.

There are no charges when you request access to or seek corrections to your personal information.

As set out in APP12.3, some exceptions apply. If we rely on one of these exceptions or are unable to provide the personal information in the manner you request, we will take such steps (if any) as are reasonable in the circumstances to give access in a way that meets both our needs and yours, and will provide you with a written notice setting out:

(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

(b) the mechanisms available to you to complain about the refusal; and

(c) any other prescribed matter.

Having regard to the purpose for which your personal information is held, if we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading or a request is received from you, we will take such steps as are necessary to correct that information. This will be done free of charge within a reasonable period after the request has been made. If we have provided that information to a third party, you may request us to notify that third party of that correction.

If we refuse to correct an individual’s personal information, we it will provide you with a written notice setting out:

(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so;

(b) the mechanisms available for you to complain about the refusal; and

(c) any other prescribed matter.

If we refuse to correct your personal information and you then request us in writing to associate a statement with that information that the information is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement in such a way that will make that statement apparent to users of the information. This will be done free of charge within a reasonable period after your request has been made.

How you can complain about a breach by us of the APPs

You can complain to GARDA Capital Group about a breach of the APPs by us by contacting the Complaints Officer by:

Emailing: This email address is being protected from spambots. You need JavaScript enabled to view it.

The complaint will be handled in accordance with the GARDA Capital Group's Complaints Policy which can be found at: www.gardacapital.com.au. You can request a copy of the Complaints Policy to be sent to you free of charge.

Are we likely to disclose personal information to overseas recipients?

No, we are not likely to disclose your personal information to an overseas recipient.

If at some future time, we choose to disclose your personal information to an overseas recipient, we will either obtain your informed consent prior to doing so, will be required to do so by Australian law, or prior to doing so we will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs (other than APP 1) in relation to the information.